Clinton County IN Archives History - Books .....Legal 1886
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Book Title: History Of Clinton County

CHAPTER XI.
LEGAL.

ADMINISTRATION OP JUSTICE IN CLINTON COUNTY.—EARLY COURT MATTERS.—FIRST
CASES.—EARLY JURIES.—CLINTON COUNTY BAR. —FIRST ATTORNEYS.—BRIEF MENTION OF
THOSE WHO BELONG TO THE PAST.—PRESENT BAR.—PERSONAL SKETCHES.

    The administration of justice in Clinton County was for twenty-two years in
the charge of the District Court (or Circuit Court), composed of a district
judge and two associate judges. At the April term, 1852, the associate judges
were discontinued, the presiding judge thereafter continuing as circuit judge.
The same year the office of probate judge was changed to common pleas judge, and
in 1873 the Common Pleas Court was abolished, the business thereof being
transferred to the Circuit Courts.

    The first court held in Clinton County was held at the house of John Boss,
in the town of Jefferson, on the 18th day and third Monday of October, 1830.
This was a Circuit Court, and there were present, Hon. John R. Porter, Presiding
Judge, and Messrs. Samuel Mitchell and John Ross, Associate Judges; also, Samuel
D. Maxwell, Clerk, and Charles J. Hanna, Sheriff.

    Thomas J. Evans was appointed Prosecuting Attorney for this term of court,
and was duly sworn into office.

    The first members of the Clinton County bar, in the order in which their
names appear on the record, were as follows: W. W. Wick, A. S. White, Andrew
Ingram, Wm. M. Jenners, Thomas D. Baird, Aaron Finch, D. H. Patton and P. M.
Curry, none of them residents of this county.

EARLY COURT MATTERS.

    The first Circuit Court record is headed as follows:

    "Pleas before the  Hon. John R. Porter, President Judge of the First
Judicial Circuit of the State of Indiana, and John Ross and Samuel Mitchell,
Esquires, Associate Judges within and for the county of Clinton and State of
Indiana, at the house of John Ross, in the town of Jefferson, in the county and
State aforesaid, on Monday, the 18th day of October, in the year of our Lord,
1830."

    The first case was that of Samuel Olinger vs. William Clark, for "trespass
on the case," or slander; and $2,000 damages were claimed. The former had been
charged with larceny by Clark, and entered the suit to establish his good
character. The suit was compromised by the defendant paying all costs except the
plaintiff's lawyer, and also signing a statement that the slander complained of
had been uttered on hearsay evidence, and not from any knowledge of the fact.

    The second case was against Christian Good, Christopher Pitzer and Henry
Smith, for an affray. Their indictment was the first (and only one) returned by
the first grand jury in Clinton. County, and is indorsed "A True Bill—Joseph
Hill, Foreman of the Grand Jury." It reads as follows:

    "The grand jurors for the State of Indiana empaneled, sworn and charged in
the Circuit Court within and for Clinton County, at the term thereof, holden in
October, in the year of our Lord, 1830, to inquire within and for the said
county upon their oath present that Christian Good, Christopher Pitzer and Henry
Smith, each tale of the county yeomen, on the 4th day of August, with force and
arms at the said county, being then and there arrayed against each other in a
warlike manner, did at a public place at and within the said county fight
together by agreement then and there made by and between the said Christian
Good, Christopher Pitzer and Henry Smith, to the terror of divers citizens of
the said State then and there being lawfully assembled, contrary to the form of
the statute in such case made and provided, and against the peace and dignity of
the State of Indiana. And the jurors aforesaid .upon their oaths aforesaid do
further present that the said Christian Good, Christopher Pitzer and Henry
Smith, on the same day and year aforesaid, with force and arms at the said
county being then and there riotously, and routously arrayed, and in a warlike
manner and assembled together unlawfully, did actually, riotously, routously and
unlawfully, fight together or with each other by agreement in a public place in
said county upon a common cause and quarrel contrary to the form of the statute
in such case made and provided, and against the peace and dignity of the State
of Indiana. Thomas J. Evans, Prosecuting Attorney pro tem."

    Christian Good and Christopher Pitzer were each arraigned at the same term
of court, plead guilty, and were fined $1 and costs. At the April term of 1881,
Henry Smith was treated likewise.

    The most important case before the court in April, 1831, was one, the record
of which is here copied entire without comments:

    "Be it remembered that on the fourth day of April, in the year of our Lord,
1831, Albert S. White, Esq., filed in the clerk's office of said county his
praecipe as follows, to-wit:

    " 'The State of Indiana on the relation of Morris Morris, Auditor of Public
Accounts, vs. Charles J. Hand, Jesse Carter, Samuel Mitchell, Winn Winship and
Johnson Irvin, April term, 1831. The clerk of the Clinton Circuit Court will
please issue a capias ad respondendum in the above case in a plea of debt,
$1,000, damages, $500, and endorse an order bail, the action being brought on a
collector's bond.' Whereupon the State of Indiana sent her writ to the sheriff
of said county, close in these words:

    " 'The State of Indiana to the sheriff of said county, greeting: You are
hereby commanded to take Charles J. Hand, Jesse Carter, Samuel Mitchell, Winn
Winship and Johnson Irvin, if they may be found in your bailiwick, and them
safely keep so that you may have their bodies before the judges of our Clinton
Circuit Court, on the first day of their next term, to be holden in and for said
county on the third Monday of April, inst., at the court house, in the town of
Frankfort, to answer unto the State of Indiana on the relation of Morris Morris,
Auditor of Public Accounts, in a plea of debt, $1,000; damages for the detention
thereof, $500, and have you then and there this writ.'

    "And afterward, to-wit: On Saturday, the 19th day of April, in the year of
our Lord, 1831, at a regular term of the court aforesaid, and held before the
judges aforesaid, at the court house in the town aforesaid, comes the said
plaintiff by her attorney aforesaid, and brings into court the following
declaration, to-wit:

    " 'State of Indiana, Clinton Circuit Court of the April term, 1831. The
State of Indiana on the relation of Morris Morris, Auditor of Public Accounts,
complains of Charles J. Hand, Jesse Garter, Samuel Mitchell, Winn Winship and
Johnson Irvin, of a plea that they render unto the said plaintiff the sum of
$1,000, which they owe to and unjustly detain from the said plaintiff. For that
whereas the said defendants heretofore, to-wit: On the 6th day of July, 1830, at
the county aforesaid, by their certain writing obligatory, sealed with their
seal, their own proper hands being thereunto subscribed (the said Charles J.
Hand, by the name and description of C. J. Hand, and the said Winn Winship, by
the name and description of Winn Winship), and now to the court here shown, the
date whereof is the day and year aforesaid, acknowledged themselves, all of the
county of Clinton, and State of Indiana, to be held and firmly bound unto the
State of Indiana aforesaid, in the penal sum of $1,000 (above demanded), to be
paid to the said State of Indiana when they, the said defendants, should be
thereto afterward requested, for the payment whereof well and truly to be made
(as aforesaid), they bound themselves, their heirs, executors and
administrators, jointly and severly (meaning severally) and firmly by the said
writing obligatory. And the said plaintiff, according to the form of the statute
in such case made and provided, says that the said writing obligatory was and is
subject to a certain condition thereunder written, whereby it is declared that
if the above bounden Charles J. Hand shall faithfully discharge the several
duties enjoined on him by virtue of his said office of collector in and for the
county of Clinton, according to the law made and provided on that subject, then
and in that case, the said writing obligatory to be void, otherwise to be and
remain in full force and virtue in law and equity. And the said plaintiff avers
that the amount of tax assessed on the county of Clinton for the purpose of
raising a State revenue for the year 1830 was $83.62, a transcript of the
assessment roll of which taxes afterwards, to-wit, on the ______ day of _____ at
the county aforesaid, in due form of law,
delivered to the said Charles, as such collector aforesaid, for the said taxes
to be by him collected, and paid over according to law, together with the
precept required by law in that behalf. Yet the said Charles J. Hand, after the
making of said writing obligatory, did not faithfully discharge the several
duties enjoined on him by virtue of his said office of collector of the county
of Clinton aforesaid, according to law, made and, provided on that subject, but
failed to discharge those duties in this, to-wit, the said Charles, collector as
aforesaid, did not, on or before the second Monday in December, being the 13th
day of December, 1830, or at any time before or since, as required by law, pay
over to the State Treasurer the amount of taxes assessed on said county of
Clinton for the purpose of raising a State revenue for the year 1830, to-wit,
the sum of $76.90, being the balance due the State after deducting collector's
fees from the above mentioned sum of $83.62, or any part thereof, nor account
for the deficiency thereof to the auditor of public accounts, according to law,
whereby no settlement has been made with the treasurer of State of the taxes
assessed on the county of Clinton for the purpose of raising a State revenue for
the year 1830, to-wit, at the county aforesaid. By means of which premises the
State of Indiana has sustained damages to a large amount, to-wit, to the amount
of $500, and thereby an action hath accrued to the State of Indiana, to demand
and have of and from the said defendants, the said sum of $1,000 above demanded.
Yet the said defendants, although often requested so to do, have not, nor hath
either of them as yet paid the said sum of $1,000 above demanded, or any part
thereof, to the said plaintiff, but to do the same to said plaintiff, hath
hitherto refused, and still refuse, to the damage of the said plaintiff to $500,
etc.'

    "And the said sheriff at the time aforesaid returned said writ into court
indorsed 'Served upon the said Winn Winship, Johnson Irvin, Jesse Carter and
Samuel Mitchell, and not found as to the said Charles J. Hand.'

    "And afterwards, to-wit, on Tuesday, the 19th day of April, 1831, before the
court aforesaid, at the April term thereof held as aforesaid, comes the said
plaintiff, by White, her attorney and the said Winn Winship and Johnson Irvin,
being three times called, come not, but made default, and the said Jesse Carter
and Samuel Mitchell, in proper person, come and say nothing why the plaintiff
should not have judgment against them.

    "It is therefore considered by the court that plaintiff have and recover of
the four last named defendants the sum of $76 debt, and $11.42 damages, together
with costs and charges, etc."

    The only other case tried at this term of court was one against Taylor
Heavilon, a laborer, for winning $1 on a wager that he could hop farther than
another man! For this heinous offense Mr. Heavilon was invited to contribute to
the county seminary fund, the sum of 50 cents, and also pay the attendant costs
of the suit.

EARLY JURIES.

    The May term, 1831, of the Board of Commissioners of Clinton County was the
first at which jurors were named for the Circuit Court. The grand jurors
selected for the October term of court following were: Robert Martin, James
Ward, Samuel Moore, Alexander Syms, James Wright, John Fogel, Edward Cunningham,
John Henricks, Joseph Dunn, Peter Shrader, Samnel Olinger, David Young, James
Bunton, Jr., Abraham Harnsberger, Henry Hopkins, Moses Williamson, Henry Miller
and Andrew W. Ingram.

    The petit jurors for the same term of court included: Josiah J. Cooper,
William Whitsell, Jacob Toops, Jonah Thompson, John Koon, Isaac D. Armstrong,
John Harland, John T. Martin, Elijah Thurman, Samnel Douglass, John Ireland,
Andrew Boulden, Lucius Ryon, Ludson Anthony, Nicholas Cunningham, Early Taylor,
Jeremiah Dunn, William Denman, Jesse Kilgore, Henry T. Gillespie, James Watt,
Edward Ryon, N. N. Catterlin and William Miller.

    The grand jurors for the April term, 1832, were: Joel Stootsman, Thomas
Mallaby, Peter Francis, David S. Kelly, William Clark, Benjamin Bickley, William
Pierce, George Seager, Abraham Aughe, Benjamin Loveless, Matthew Bunnell, John
Mundell, Franklin McCarty, Thomas Miller, William Anderson, John Ferguson and
David Darland.

    The petit jurors for the same term were: John B. Hunt, John Bunton, Jr.,
Alvin Dunn, William Holliway, Enoch T. Williams, Johnson Russell, William
Ireland, John Allen, Leander Jacobs, Joseph Bickley, Isaac Morehead, Mahlon
Thompson, John Elliott, Noah Bunnell, William Rogers, James Allen, Jr., Charles
Harshman, Burr Braden, Richard Carter, Andrew Bunton, Joseph Loveless, Isaac
Cook, Robert Brenton and Jacob Stettler.

CLINTON OOUNTY BAR.

    Among the first resident attorneys were: James A. Maxwell, who located at
Frankfort, and was admitted to the bar in the year 1832; A. F. Mayo located and
was admitted in 1834, and Lucien D. Griggs and Nathaniel Niles in 1838.

    The first "court docket," which contains a roster of the members of the bar,
is for the April term of the Clinton Circuit Court for the year 1836, and in
this docket, continued in use until the October term, 1843, the following names
appear in the roster as members of the bar at that time, and who (were admitted
prior to the year 1836, viz.: John Pettit, R. A. Lockwood, S. C. Wilson, Z.
Baird, Daniel Mace, Lucien D. Griggs, George W. Taylor, R. C. Gregory and
Benjamin F. Ristine. It is probable, however, that some of the gentlemen were
admitted after the year 1836 and before the year 1842, the record being a blank
concerning the date of admission.

    In 1842, at the October term of court, the following named gentlemen were
admitted: Samuel A. Huff, Levi S. Dale, William Wright and Almand Thompson.
Joseph E. McDonald, now a member of the United States Senate from Indiana, was
admitted to this bar at the October term, 1843, as were also Senator Henry S.
Lane, Addison M. Crane, Frederick W. Thayer and Joseph F. Brown.

    At the April term, 1844, the following gentlemen were admitted: James F.
Suit, Esq.—resident attorney and father of Joseph C. Suit, who is a resident
member of the bar at this time—Robert Jones, Samuel D. Maxwell, also a resident
member, James N. Simms, who is still a resident member, Godlove S. Orth, A. L.
Robinson, H. W. Ellsworth, Daniel D. Pratt, John S. Patterson, James W. Dunn and
Horace P. Biddle.

    Following are the remembrances of the leading members of the bar of the
past—those who are no longer living, or who have removed to other scenes.

    James A. Maxwell was the first resident attorney. He hailed from
Bloomington, this State, where he studied law with James Whitcomb, afterward
Governor of Indiana. Maxwell's first location as a lawyer was at Frankfort,
where he arrived in May, 1832. He was a bright young man with good education and
fair address, and finding little to do in this new place, removed in 1835 to
Grand Gulf, Mississippi. There he was probate judge for a number of years. In
politics he was a Whig. He died in 1882, at Covington, Kentucky.

    A. F. Mayo came to Frankfort and was admitted to the bar in 1834. He was
from Eastern Indiana. He was a brilliant young lawyer, but, like Maxwell, found
this region too "slow" for him, and in 1836 went to Louisiana, where he died
some years later. In political sentiment, Mayo was a Democrat.

    Nathaniel Niles came here from New York State in 1838. He was a talented,
well-educated man, a good advocate, and after two or three years removed to
Belleville, Illinois. During the Mexican war he served as First Lieutenant in
the Second Illinois Volunteers, and was present at the battle of Buena Vista.
When last heard from, he was still practicing law at Belleville. Politically he
was a Democrat.

    Lucien D. Griggs came from Connecticut to Frankfort in 1838, and died here
March 30,1848, aged thirty-eight He was twice married in this county, first to
Miss Winship, by whom he had one son, and after her death to Miss Kirk, by whom
he was the father of quite a family. She is yet living, at Beatrice, Nebraska,
with her son Kirk Griggs, who is an eminent attorney at that place. He held a
diplomatic appointment in Germany under President Lincoln and afterward under
President Grant. He is a poet and an eloquent lecturer. A sister of his is
living in this county, west of Jefferson (Mrs. Baker). Their father, Lucien D.
Griggs, was possessed of unusual talent, especially as an advocate. He was more
than ordinarily popular.

    Samuel D. Maxwell was the first clerk of the Clinton County Circuit Court,
and held that office for fourteen years. He afterward practiced law from 1843 to
1854, when he removed to Indianapolis. He was mayor of that city a number of
years. He was a prominent member of the Presbyterian church, and a very useful
citizen. He did much to advance the interests of Frankfort and Clinton County in
an early day, and never failed to assist in all public movements. In 1853 he was
interested in the Evansville, Crawfordsville, Frankfort & Kokomo Railroad, which
was then only projected. He lived to see it built, as the Terre Haute &
Logansport; and died some fifteen years ago. As a lawyer, he was considered
able. He was of good address and a fluent speaker. Politically he was a Whig.

    A. L. Roach graduated at the State University, read law at Rockville and
came to Frankfort in 1839. He remained something over a year, and then returned
to Rockville. He was afterward a member of the Legislature, and later was
elected a member of the Supreme Court. He now lives at Indianapolis. Politically
he is a Democrat He was one of the projectors of the Indiana & Illinois
Railroad, which is now known as the Indianapolis, Decatur & Springfield.

    George Taylor, from Goshen, Indiana, fixed his residence here in 1841, and
after four years' practice in Clinton County removed to Alabama. He afterward
located in Brooklyn, New York, from which city he was once elected to Congress.
He is now a resident and attorney of Washington, D. C. He is spoken of as an
able practitioner. Politically he is a Democrat. John M. Cowen, a graduate of
Wabash College, studied law at Frankfort and was admitted to practice in 1845.
About the same time he was married, in Frankfort, to Miss Harriet Jenny. He was
judge of the Circuit Court from November, 1858, to November, 1870. He removed
from Frankfort to Crawfordsville, where he practiced law for a time, and now
lives near Springfield, Missouri, where he is farming on an extensive scale.
Politically he was a Whig and latterly a Republican.

    John W. Blake was reared at Frankfort and graduated at Hanover College. He
studied law at Indianapolis and began practicing at Frankfort about 1851. Here
he was married to Hannah J. Kelly. He was in politics an active Democrat, and
held the office of judge of the Court of Common Pleas of Clinton and Carroll
counties from November, 1852, to October, 1856. He represented Clinton County in
the State Legislature in 1857. He was the Democratic nominee for Congress in
1858, but was defeated by James Wilson, of Crawfordsville. He dealt largely in
land and stock. He was colonel of the Fortieth Indiana during the late war. He
located at Lafayette about 1863, and a year later fixed his residence in
Indianapolis, his present home.

    Robert P. Davidson was admitted to the bar in 1850, and practiced in Clinton
County some years. He was a native of Kentucky and a graduate of Miami
University. He is now a prominent attorney of Lafayette.

    Joseph E. Pressley located at Frankfort as an attorney about 1854; became
part owner and co-editor, with Leander McClurg, of the Crescent about 1855. His
health failed and he went to Buffalo, New York, for treatment. He was drowned in
Lake Erie while returning about 1857. He was first a Whig and afterward a Democrat.

    Jerome Caswell stopped at Frankfort for six months in 1844, removed to
Northern Indiana, and soon after died. He was a Democrat.

    Nelson Purdum studied law at Michigantown, where he lived and did a
considerable practice before justices and in the courts of this and adjoining
counties. About 1863 he removed to Kokomo, where he was afterward mayor, and had
a large law practice till his death in February, 1869.

    James U. Gorman came here from Princeton about 1876 and was in practice
about six years. He then emigrated to the West. He has since died at his old
home at Princeton.

    At Colfax W. M. Engart, J. W. Collins and E. J. Benjamin have been engaged
in legal practice, but are there no longer.

    The attorneys now resident at Frankfort are: James N. Sims (oldest member of
the bar), John Barner, Henry Y. Morrison, Joseph C. Suit, Joseph Claybaugh,
Cicero Sims, James V. Kent, Samuel H. Doyal, Perry W. Gard, S. O. Bayless, James
W. Morrison, Owen E. Brumbaugh, John Q. Bayless, J. W. Merritt, D. S. Holman, H.
C. Sheridan, W. F. Palmer, Cary O. Ewing, F. F. Moore, Martin Morrison, John
Strawn, J. Y. Mencely, Walter N. Suit, B. K. Higginbotham, W. R. Moore, Sam
Vanton, W. A. Staley, W. R. Hines, J. T. Hockman, J. L. Young, Frank Beale, G.
Sexson, T. J. Steele, M. B. Beard, W. H. Russell and A. H. Boulden. At Colfax
are F. M. Goldsberry, Elijah Sparks and J. G. Webster; at Kirklin, George E.
Haynes; at Rossville, John C. Rogers; and at Middle Fork, John A. Merrick.

PERSONAL SKETCHES.

    JOHN BARNER was born in Surry County, North Carolina, January 11, 1810. His
parents were of American birth, of French, German and Irish extraction, in 1814,
he with his parents emigrated to and settled in Bledsoe County, Tennessee; his
father Horatio Barner, was a millwright, and in 1818, settled four miles north
of Pikeville. There he erected a mill on a stream that headed under Walden's
Ridge. On this tract of about one hundred acres, on which the dwelling, the
mill, the cabinet shop, and farm were situated, the subject of this sketch spent
some of his happiest days which are still fresh in his memory. He attended, at
intervals, to a limited extent, a common school in the neighborhood, and in the
meantime worked on the farm, raised corn and cotton, attended the mill and
learned cabinet making until the spring of 1828, when his father received a
letter from his only brother, John Barner, then residing near Connersville,
Indiana, giving a glowing description of this new State. His father consented at
once for his son to come to Indiana, and procured for him a written
recommendation from the neighbors certifying to his good character, and that he
had consented for him to leave home, and that he had learned a trade. On the
27th of March, 1828, in his nineteenth year, he left his parental roof, traveled
on foot with his knapsack on his back and a rifle on his shoulder, through
Kentucky, by the mouth of Salt River and Louisville, ending the Ohio at
Shippingsport; thence by New Albany and Salem, reaching Bloomington on the 7th
of April, 1828.

    The first day's work done in this State was for Mr. John Dunning, the
bookbinder, with whom he boarded. He cut down a beech tree in Mr. Alexander's
pasture for firewood, which he assisted Mr. Dunning to draw with a yoke of oxen.
He then commenced working at cabinet-making with James Teal and John Collins.

    The first political speech he recollects of hearing in this State, was made
by Ratliff Boone, and probably about this time his political opinions were formed.

    During the winter of 1828-'29, he worked for J. and B. Draper, twin
brothers, who carried on a cabinet-shop and store at Moon's Mill, near
Mooresville, Morgan County, and in the spring of 1829 he went with the Drapers
to Indianapolis, where they continued their shop and store, adding a tread-mill
and wool-carding machine to their business. In the winter of 1829-'30, he worked
in the cabinet shop of David Patrick, at Logansport, returning to Indianapolis
in the spring, and continuing to work at his trade in a frame shop, on a lot now
occupied by the Bates House. In May, 1830, he united with the Methodist
Episcopal church, and was a teacher in the Sabbath-school in the old church
recently occupied by the Sentinel building, and on the 27th day of February,
1831, he was united in marriage to Mary Darnell, daughter of James Darnell, an
early settler of Marion County. This worthy Christian woman was called away by
death on the 21st of June, 1884. On the 19th of May, 1832, he with his wife and
one child, reached Frankfort in a wagon drawn by an ox-team, bringing their
household goods, and his chest of tools; and in a few days had two good work
benches and all the conveniences of a little cabinet-shop, which business he
conducted for twenty-four years.

  On the 31st of January, 1834, he was, on the recommendation of his friends and
the influence of Hon. Edward A. Hannegan, then in Congress, appointed postmaster
at Frankfort, which position he filled faithfully through the administrations of
Jackson, Van Buren, Harrison, Tyler, Polk and Tayler, and resigned in October,
1849, being succeeded by Hon. John M. Cowan. In August, 1843, he was elected
clerk of the Circuit Court of Clinton County, and was re-elected in 1850 and
1855. He discharged the various duties of this office with skill and fidelity,
giving entire satisfaction to the bar and the public His long service in the
clerk's office, as one of his friends remarked to him, "Would qualify him for
any business," consequently on retiring from the office he was, on the 9th day
of April, 1860, admitted to the bar; and by his industry and long practice, is
considered one among the best probate attorneys in the county. He is not an
advocate, but a good office lawyer and a safe counsel.

    He has been identified with all the improvements of the county and town for
over fifty years.

    In the spring of 1866, he and his son, John H. Barner, formed a limited
partnership, under the firm name of J. H. Barner & Co., which was one of the
most reliable dry-goods houses in the place until the death of his son in 1885.

    In 1873 he erected the largest three story brick business block in the city,
the corner room of which is occupied by this firm, which has done an extensive
trade. When this block was in process of building the Odd Fellows were casting
about for place to build a hall. Mr. Barner generously donated them the right to
build on the third story with the right of stairway.

    Mr. Barner represented this, the Old Eighth Congressional District as
delegate to the National Convention, that assembled at Baltimore in May, 1852,
which nominated Pierce and King. He has always been a sterling Democrat, and has
heard all of the old political masters on the "stump."

    He has given material aid without stint to all the public improvements of
the city and county. His aid in church building has probably been greater than
any other citizen. For over forty years he has been one of the Board of Trustees
of the Methodist Episcopal church, of Frankfort, and president of the board
while building their third church on the same lots. He has served many years as
treasurer of the Clinton County Bible Society, and is now the secretary of that
organization, and was present and assisted in the organization of the first
Sabbath-school in Frankfort, in June, 1832. He has been a member of the
Methodist Episcopal Sabbath-school since 1841, and a regular and faithful
worker, and for eighteen years was superintendent.

    He assisted in all of the railroad organizations by the devotion of time and
means for their consummation. The Air Line was considered his favorite, by our
railroad friends here, and from its incipiency, was referred to as "his line,"
and can probably be accounted for from the fact he had had a long felt desire to
see that territory laid with iron from Indianapolis to Frankfort, that he had
passed over so many yean ago, in the rough and primitive way, referred to above,
connecting his last places of residence. That Mr. Barner has been spared to see
this great enterprise completed is one of the happy events of his life; and was
permitted to visit Indianapolis, with his late companion, over this road soon
after its completion. What a change was realized in the time over this territory
in a period of fifty years—then the journey was numbered by days and now by a
couple of hours.

    He was appointed by the court receiver to settle up the affairs of the first
railroad organized here that failed—the C. F. K. & Ft. W. R. R. Company. The
settlement was satisfactory to all of the creditors, and the bed of the road was
made over to the parties who completed the first road to Frankfort.

    From its organization, Mr. Barner has been secretary of the Old Settlers'
Association of Clinton County, and taken a great interest in its annual
meetings, contributing all in his power to make them successful; and notes the
dropping off of its pioneer members with marked regret and a solemn recognition
of the fate that awaits us all.

    A leading trait in all his relations of life is living up to and discharging
his obligations and engagements secular or otherwise.

    In Mr. Barner, we have another example of a self-made man, who by his own
exertions, courageous and persevering, has climbed the ladder of success from
the lowest rung.

    To-day, in his seventy-seventh year, and although far down on the waning
side of life, he is fairly hearty, and with the remarkable preservation of his
mental and physical organization, is an evidence of a well-spent life, and we
sincerely hope he may enjoy the fruits of his honest toil for years to come.

    Mr. and Mrs. Barner were the parents of five children—John H., who died
April 22, 1885, aged fifty-three years; David P., aged fifty-two; Mary E. Hill,
aged fifty; Judith Sample, aged forty-seven, and Indiana G. Ghere, aged forty-five.

    JOHN Q. BAYLESS, Mayor of Frankfort, is an attorney by profession and has
been engaged in the practice of law in that city since 1876. He was born in
Dayton, Tippecanoe County, Indiana, February 10, 1853. He is the son of John M.
and Christina (Cosner) Bayless and was educated principally in the district
schools of the vicinity where his parents resided, and attended the high school
at Frankfort In 1875 he became a student in the law office of Messrs. Paige and
Bayless at Frankfort, and in the following year was admitted to practice in the
State Courts. He remained in the office of his preceptors until 1883 when he
became the associate of Hon. J. C. Suit, under the firm style of Suit & Bayless.
The senior member of the firm receiving the appointment of judge of the Circuit
Court of Clinton County soon after, the relation was dissolved. Since that time
Mr. Bayless has conducted his law business alone. In 1884 he commenced to
operate as an insurance, real-estate and collection agent, in partnership with
J. R Watson. Politically he is a Republican. In 1876 he was elected secretary of
the Clinton County Agricultural Society, to which position he was re-elected
until 1882. He was elected mayor of Frankfort in the spring of 1886 (current
year). He belongs to the order of Masonry, Red Men and to the Knights of
Pythias. In the latter he has served as Post Chancellor and has represented the
local body in the Grand Lodge of the State. Mr. Bayless and Miss Dora E. Kempf
were joined in marriage at Frankfort, November 29, 1883. They have one child,
named Ethel. Mrs. Bayless is the daughter of George L. and Sarah J. (Gray)
Kempf. She is a member of the Presbyterian church.

    MANFRED BURKE BEARD, was born January 5, 1861, in Warren Township, Clinton
County, Indiana. His father was David Beard who was born in Muskingum County,
Ohio, the 16th of June, 1810, and removed to Clinton County, Indiana, in the
early settling of the county. His ancestors were directly from the Highlands of
Scotland. He died June 1, 1882. Soon after his removal to Clinton County,
Indiana, he was married to Ann Gordon, whose parents lived near Cincinnati,
Ohio, and were of Scotch-Irish extraction. The subject of this sketch lived with
his parents and attended the district school until the fall of 1875, when the
family removed to Frankfort, Clinton County, Indiana, where he attended the
public schools for three years, when the family removed to Michigan Township,
Clinton County, Indiana, where he worked on his father's farm till the fall of
1881, when he entered DePauw University which he attended for three years, after
which he began reading law in the office of H. C. Sheridan where he remained
until March, 1886, when he began the practic of law at Frankfort, soon
thereafter forming a partnership with Marcellus Bristow, under the firm name of
"Bristow & Beard."

    O. E. BRUMBAUGH, attorney at law, Frankfort, Clinton County, was born in
Ross Township, this county, the date of his birth being June 7, 1850. He passed
his youth on the farm of his parents, John W. and Martha (Enable) Brumbaugh,
with whom he remained till reaching his majority. He received his primary
education at the common schools, completing it at the academy at Ladoga,
Indiana, and Salem College, of Bourbon, Indiana. When seventeen years of age he
began teaching in the district schools, and in the high schools of Frankfort
which he followed until 1877. In 1875 he began the study of law in the office of
Doyal & Gard, and in 1877 was admitted to the bar. He began the practice of law
in May, 1878, which he has since followed with success. In 1878 he was elected
city attorney which office he held for six years. He has served as president of
the School Board, and as mayor of Frankfort, holding the latter office from May,
1884, till the spring of 1886. Mr. Brumbaugh was married March 22, 1877, to Mary
E. Magee, daughter of William and Jean (Marsh) Magee, of Homer, Illinois. To
them have been born four children—Ethel M., Jessie J., Olive H. and John Mc. Mr.
and Mrs. Brumbaugh are members of the Methodist Episcopal church. In politics he
affiliates, with the Republican party.

JOSEPH CLAYBAUGH, attorney of Frankfort, was born in Chillicothe, Ross County,
Ohio, June 9, 1839, a son of Joseph and Margaret (Barner) Claybaugh. The father
was born in Frederick County, Maryland, in 1803, moving f from his birthplace to
Boss County, Ohio, when quite young. He was educated at Jefferson College,
Pennsylvania, and also took a theological course at Xenia, Ohio. His first
pastorate was in the Associate Reform Presbyterian church at Chillicothe, where
he remained for fifteen years. He then removed to Oxford, Ohio, in 1839, and was
appointed president of the Theological Seminary at that place, and was also
pastor of the Associate Reform church, and was professor of Oriental literature
at Miami University. At the same time he edited a paper published at Cincinnati,
Ohio, and contributed articles to the church magazine, known as the Pulpit. He
had no superior as a linguist, and was a complete master of Hebrew, Greek and
Latin. His death occurred September 9, 1855. The mother of our subject was born
in Chillicothe, Ross County, Ohio, May 10, 1807, a daughter of David Barner, who
built the first court-house erected in Ross County. She moved with her parents
to Greenfield, Ohio, where her father built the first woolen-mills. Her father
was a soldier in the war of 1812. The parents of our subject were married in
Greenfield, Ohio, and to them were born eleven children of whom only four are
now living—Mrs. E. J. Reed, of San Francisco, California; Mrs. R. P. Davidson of
Lafayette, Indiana; Rev. William M. Claybaugh, pastor of Buck Creek Presbyterian
Church of Urbana, Ohio, and Joseph, our subject. At the age of seventy-four
years the mother went to California with her son Joseph, where she remained
three years. She died at Lafayette, Indiana, September 16, 1884, at the home of
her daughter, Mrs. Davidson. Joseph Claybaugh, the subject of this sketch, was
educated at the Miami University at Oxford, Ohio. His father dying when he was
sixteen years old, he was thus thrown on his own resources. He then began
teaching school in Armstrong County, Pennsylvania, and during this time he
walked seven miles a day, and taught six days each week for twenty-three dollars
($23) a month, and boarded himself. In 1856 he returned to Ohio, and the
following five years clerked in a store and taught school, and at the same time
read law. In 1857 he entered the office of Hon. R. P. Davidson, with whom he
continued to read law, and in 1860 was admitted to the bar.v At this time he
entered into partnership with R. P. Davidson at Frankfort. He was married March
25, 1861, to Miss Annie V. Fetterman, of Pittsburg, Pennsylvania, a daughter of
Hon. N. P. Fetterman, a prominent attorney of Pennsylvania, where he practiced
law for fifty years. He was a member of the State Legislature and framed the
bill which established the common-school system of that State. To Mr. and Mrs.
Claybaugh have been born five children—Lillian, wife of Dr. W. W. Lathrop, of
Jackson, Michigan; Annie M., a graduate of the high school at Frankfort, and now
engaged in teaching in the schools of that city; Virginia £., graduated in 1884;
Nat P., and Ailie, the youngest child, who died aged four years. In 1862 Mr.
Claybaugh recruited the One Hundred and First Pennsylvania Regiment. The same
year he returned to Frankfort, and resumed the practice of his profession, which
he has since followed, and is one of the leading lawyers of the county. In
politics Mr. Claybaugh is a Republican. He is a member of Clinton Lodge, No. 54,
A. F. & A. M., and is a Knight of Honor, belonging to Fidelity Lodge, No. 60.
Both Mr. and Mrs. Claybaugh are members of the Presbyterian church.

    HON. PERRY W. GARD was born in Switzerland County Indiana, November 30,
1833. His parents were Jesse Gard and Amanda (McHenry) Gard; he was the eldest
of a family of ten children. He came with his parents to Clinton County in the
spring of 1849. His boyhood, like that of most farmer's boys, was spent in going
to school in the winter and doing all kinds of farm work in the summer. In the
spring of 1851 he was employed as a clerk in a country store, at Middle Fork, by
John Evans, who had taken a contract to build a plank road over the old Michigan
road from Deer Creek to Michigantown. He was married on the 10th of December,
1854, to Cynthia A. Cromwell, of Carroll County. Shortly afterward in connection
with Jacob C. Rodkey he purchased the stock of goods of Mr. Evans and carried on
the business together for a time; then he purchased his partner's interest and
for awhile conducted the business alone when his brother, now Dr. Oliver Gard,
came home from the army. They then formed a partnership, carrying on the
mercantile trade and buying grain for several years. Their business was very
extensive, commanding the trade for miles in every direction; long trains of
wagons loaded with wheat left their warehouse daily for Logansport or Fairfield,
a town on what was then known as the I., P. & C. Railroad. The labor involved in
handling such large amounts of merchandise and grain was immense, and persons
who have done business all their lives on the line of a railroad, with all of
its modern facilities and conveniences, have but little idea of the work done by
the pioneer merchants. In December, 1865, Mr. Gard bought of James Beard the
Frankfort Banner, a Republican newspaper published at Frankfort, which he
published for two years. The campaign of 1866 was a memorable one in the
politics of Clinton County. The Republicans elected their candidates for
treasurer, sheriff and recorder, the Banner contributing not a little to the
result. In 1867 he was the Republican candidate for clerk of the courts but was
defeated by Hon. D. W. C. Bryant by a small majority. He now turned his
attention to the law and in the fall of 1867 formed a partnership with S. H.
Doyal, Esq., in the practice which has continued uninterrupted to the present
time, and the firm of Doyal & Gard is today the oldest in the county. He
graduated in the year 1869 in the law department of the State University and at
once entered upon a good practice. This firm has been engaged in some of the
heaviest cases ever tried in the county and possess in a marked degree the
confidence of the community. On the organization of the city government of
Frankfort Mr. Gard was elected the first mayor, defeating Hon. Leander McClurg,
one of the most popular men in the city. In the centennial year of 1876 he was
the Republican candidate for senator for the counties of Clinton and Boone but
was defeated by Hon. James V. Kent by a plurality of thirty-seven votes. Mr. and
Mrs. Gard have had born to them eight children, six of whom are still living,
viz.—Charles E., Rob Morris, Wilbur W., Lucy J., Walter S. and Clarence S. The
deceased are—Luella, who died in August, 1877, aged eleven years, and Thomas C.,
who died in Florida, where he had gone in the hope of gaining his health, in
February, 1884, aged twenty-three years. Mr. Gard is a zealous Mason. He was
initiated into the mysteries of the order in Burlington Lodge, No. 111, at
Burlington, Carroll County, shortly after he arrived at twenty-one years of age.
He was a charter member of Middle Fork Lodge, No. 304, and was its first senior
warden. He received the chapter degrees in Boone Chapter, No. 39, in June, 1869,
and the council degrees in Boone Council, No. 45, at Lebanon, Indiana, and the
commandery degrees in Frankfort Commandery, No. 29, in December, 1880. He has
been elected to the highest office in each of these bodies except the
commandery, in which he is now serving as generalissimo. At one time he was
worthy patron of the order of the Eastern Star, worshipful master of Clinton
Lodge, No. 54, high priest of Frank-tort Chapter, No. 82, and most excellent
master of Frankfort Council, No. 46. In October, 1881, at the annual session of
the grand council of royal and select masters held at Indianapolis, he was
elected illustrious grand master of the State of Indiana. His wife is a member
of the Methodist Episcopal church.

    FRANCIS M. GOLDSBERRY, attorney at law, Colfax, Indiana, was born in Boone
County, Indiana, April 20, 1844. When nineteen years old he came to Colfax, but
in 1864 returned to Boone County, and there enlisted in the war of the Rebellion
February 28, 1865, and was assigned to Company K, One Hundred and Fiftieth
Indiana Infantry, credited to Clinton County. He enlisted for a year, but was
discharged August 5, 1865. In 1863 he attempted to enlist in the Third Indiana
Cavalry, but was rejected on account of his size. November 27, 1863, Mr.
Goldsberry was married to Ida A. Doyle, daughter of Crawford and Julia Doyle.
She died February 25, 1864. February 27, 1865, he married Eliza J. Blacker, who
was born in Champaign County, Illinois, April 24, 1848, a daughter of Augustus
and Fannie (Coyner) Blacker. In 1876 they were divorced, and July 21, 1878, he
married Mahala J. Isenbarger, daughter of George and Anna (Arnot) Isenbarger. To
his second marriage were born six {children—Lilla E., wife of Richard B.
Tankersley; Melvin A., Chauncey L., William R., Frances M. and Harry A., and to
his present, three—Nellie M. (died aged three months), Goldie I. and Florence F.
Mr. Goldsberry commenced his legal studies in 1870, in the office of McClurg &
Davidson, of Lafayette. He lived on the farm after his return from the army
until 1875, and then located in Colfax. He has a good practice and is well and
favorably known in the courts of Clinton and adjoining counties. In politics he
is a Democrat. He is a son of Nelson B. and Hannah (Barker) Goldsberry. His
father was born in Ross County, Ohio, and when a boy accompanied his parents,
Jonathan and Ruth (Butler) Goldsberry, to Boone County, Indiana. He was
converted when a young man and entered the ministry of the New Light church. He
is now located at Des Moines, Iowa. The grandfather of our subject was a native
of Virginia, removing to Ross County, Ohio, when a young man, and thence to
Boone County, Indiana. He died in Clinton County at the advanced age of
ninety-nine years and six months.

    JOEL WEIGHT HARLAND, JR., attorney at law, at Michigan town, is also engaged
in the business of a real-estate and insurance agent. He was born in Frankfort,
March 9, 1839, and is the son of Joel W. and Polly (Mulkey) Harland, both of
whom were natives of Kentucky, and of French-Irish extraction. They came to
Frankfort in 1821. Mr. Harland was raised to manhood in the town of his
nativity, and, after obtaining the privilege of disposing of his time and
energies according to his own views and plans, he obtained employment in the
capacity of an engineer in a steam saw-mill at Colfax. The establishment was
owned and operated by his brothers, James and Jackson. Afterward he was occupied
with the business of a carpenter, which he followed summers and taught school in
the alternating winters. In 1872 he engaged in the study of law, prosecuting his
researches in the mysteries of Blackstone privately. Three years later, he
obtained his credentials as a full-fledged attorney and located at Michigantown.
He removed to Frankfort in the fall of 1877, and back to Michigantown again in
February, 1886. Mr. Harland has been twice married. His first wife, nee Janetta
Sly, to whom he was married January 23, 1860, died December 11, 1880. They
became the parents of eight children. Mrs. Anna Miller resides in Vincennes,
Indiana; Mrs. Martha L. Betts lives in Frankfort; Jemima E. is not living; John
W., William B., Serena J., Janetta C. and Grace May are the names of their
children, and are named in the order of birth. The second marriage of Mr.
Harland to Miss Rachel A. Crosley, took place June 1, 1884. They are members of
the Christian church.

    WILLIAM R. HINES, of the law and abstract firm of Young & Hines, located at
Frankfort, was born September 4, 1849, in the city of New York. On the paternal
side he comes of the sturdy and reliant stock known since the early part of the
eighteenth century as Scotch-Irish. His father, William Hines, was a native of
Londonderry in the North of Ireland. The mother, Julia (Redmond) Hines, was born
in the city of Dublin, Ireland. His father died when he was two years of age and
not long after that event he was placed in charge of the Children's Aid Society
in his native city. He was cared for by that organization until he was ten years
of age when he was brought by the society with other children to Clinton County.
A home for him was obtained in the family of Adam Blinn, where he remained until
he had reached manhood. To the conscientious care and consideration of Mr. Blinn
and his household, Mr. Hines feels that he owes all that he is or may be,
independent of his own merits and efforts. They supplied the lack of parents and
friends, and guarded his future with wise forethought and judicious management.
He was enabled to obtain a good fundamental education under the personal
supervision of Mr. Blinn, and afterward was sent to the schools of Frankfort of
the various grades, where he completed an advanced educational course.

    On attaining his majority he went to Kansas, which was a mistake and was
made at the cost of thirteen months of valuable time, which he passed to no
purpose in that State and in Western Missouri, having been sick five months of
the time. Returning to Clinton County he engaged in teaching, in which he was
occupied during the alternate winters, and worked as a farm assistant through
the summers until 1876. In May of that year, he was elected city clerk of
Frankfort, and continued the incumbent of that position by re-election until
September, 1880. Meanwhile he studied law in the office of the Hon. J. C. Suit
and Joseph Claybaugh, fitting himself thoroughly under their competent
preceptorship. In 1877 he was admitted to practice in the State Courts of
Indiana, and in 1878 he became associate partner with Owen E. Brumbaugh, with
whom he continued to practice his profession until 1883, when their relation was
dissolved. In 1883 Mr. Hines received the appointment of prosecuting attorney
for the Forty-fifth Judicial Circuit from Governor Porter. His present business
connection with John L. Young was formed in 1884, and since that date the firm
has been actively engaged in the prosecution of the affairs of their law and
abstract business.

    In political opinion and relations Mr. Hines is a Republican. He is a
prominent Mason and belongs to the lodge, chapter and commandery at Frankfort.
He is also a Knight Templar. September 4, 1877, he was united in marriage with
Miss Eliza L., daughter of William and Clarissa H. (Pauley) Jenkins. Lizzie,
Lila and Frank are the names of the children who have been born to them. The
parents of Mrs. Hines are pioneer settlers in Clinton County. Mr. and Mrs. Hines
are members of the Presbyterian church.

    JAMES THOMAS HOCKMAN, attorney at law, at Frankfort, was born at
Indianapolis, February 14, 1848. His parents, Jacob M. and Mary (Forlander)
Hockman, are both deceased. They were natives of Virginia and were of German
origin in nationality. In the first year of the life of their son they removed
to Edinburgh, Indiana, where the demise of the father occurred March 25, 1869.
The mother died November 2, 1873, at the age of sixty-five. The father was
sixty-one at the time of his death.

    Mr. Hockman was reared to manhood at Edinburgh, and attended the district
school and the academy at that place, taught at the early age of sixteen and
went to Bartholomew County in the same State for that purpose. He was engaged in
Johnson and Shelby several years. During the period of seven years which he
devoted to teaching, he operated two years as assistant superintendent of the
schools at Edinburgh, meanwhile studying law in the unoccupied moments of one
year. In September, 1871, he entered the office of Messrs. Hord & Blais, of the
village of Shelbyville. He was enabled to pass the required examination in the
same year and was admitted to practice in the State Courts at Shelbyville. In
1872 he received the appointment of deputy prosecuting attorney of Shelby County
and had the entire management of the county prosecutions one year. He opened his
first law office in Shelbyville in 1873 and was engaged in practice there until
February, 1877, when he removed to Frankfort, where he has since been occupied
with the duties of his profession.

    Mr. Hockman is a Republican in political opinion. From 1881 to 1885 he
served as a member of the City Council of Frankfort, and in May of the latter
year, he was elected city attorney for a term of two years. He compiled the
first set of abstracts of Clinton County, which he accomplished in the year
1877. His religious connection is with the Methodist Episcopal church, and he is
A member of the lodge and Royal Arch chapter in the order of Masonry at
Frankfort He has also passed the degrees of the council in the same fraternity
and is, in addition, a Knight Templar. The chapter is located at Shelbyville and
the commandery at Frankfort.

    September 30, 1879, Mr. Hockman was married to Miss Lillis J. McGee. She is
the daughter of the late John McGee, of Fremont, Ohio. Her mother, now Mrs.
Beiver, was Miss Maria J. Mace before her marriage. Mrs. Hockman was graduated
in the class of 1876 from the High school at Frankfort. She is a member of the
Presbyterian church.

    HON. JAMES V. KENT, an attorney at law, of Frankfort, was born in Clinton
County, Indiana, May 29, 1847, a son of George A. and Sarah (Boyle) Kent, who
settled in Clinton County as early as 1830, the father dying herein 1859. Our
subject was reared on a farm till seventeen years of age, receiving his
education at the district schools which he attended during the winters. In 1864
he attended the Presbyterian academy at Lebanon. The same year he began teaching
school, which vocation he followed until he reached the age of twenty-two years.
In May, 1867, he entered the office of Palmer & Morrison, where he began the
study of law in connection with teaching, remaining in that office two years,
when he began the practice of law at Michigantown, Clinton County. In 1870 he
was elected to the office of district attorney, when he removed to Frankfort
where he has since been engaged in the practice of his profession. In 1871 he
formed a partnership with D. S. Holman which continued a year, when Hon. H. Y.
Morrison became associated with him. This partnership continued one year when
Mr. Kent withdrew from the firm and associated himself with Leander McClurg,
with whom he remained till September, 1882.

    Mr. Kent was united in marriage to Miss Jennette E. Steele, a daughter of
Joseph K. Steele, of Frankfort Of the three children born to them two are
living: Ada M. and Cora J. Freddie is deceased. In 1876 Mr. Kent was elected on
the Democratic ticket to represent his county in the State Senate, and served
his term with honor to himself and credit to his constituents. Both Mr. and Mrs.
Kent are active members of the Methodist Episcopal church.

    LEANDRE McCLURG was born in Dresden, Ohio, on the 23d of September, 1831,
where he passed his infantile years. He became identified with the interests of
Indiana in the year 1839, at which time he removed from Ohio with his parents,
who settled in Tippecanoe County. He enjoyed the common-school advantages of
that time, which consisted of a few weeks' term each winter, and thereby
acquired a limited education. The summer months were devoted to manual labor,
assisting in the management of the farm. He also learned shingle-making, in
which occupation he was engaged several years. Desiring to lit himself for
professional life, be pursued the study of law alone and unaided. By the light
of his fire he resumed his studies in a cabin erected by himself on the farm of
George Parker, in Clinton County. Here, by dint of application and perseverance,
he became proficient in the elementary principles of the law, and realized—from
making shingles and teaching school three terms—sufficient means to enable him
to pursue his studies under more advantageous circumstances. He moved to
Frankfort in the summer of 1850, and read law in the office of Judge Cowan, and,
afterward, with Judge Blake. He was licensed to practice law, under the Old
Constitution, by Judge Isaac Naylor and Horace P. Biddle, on the 16th day of
April, 1851.

    Two years later he was elected justice of the peace, and served until
February, 1854, at which time he, with Joseph T. Pressly, purchased the
Frankfort Crescent, who, as editors and proprietors, conducted the paper in
connection with their practice of law. In 1855 James B. Newton succeeded Mr.
Pressly in the paper and law firm.

    On the 8th day of May, 1856, Mr. McClurg married his amiable and
accomplished wife, Miss Caroline Firestone, daughter of Charles Firestone; Esq.
There were born to them six children, five who survived him.

    In the fall of 1856 he was elected prosecuting attorney for Carroll and
Clinton counties, and four years later, in the fall of 1860, was elected to
represent Clinton County in the State Legislature, defeating Judge Winship in
the race.

    In 1862 he was elected to the State Senate from the district of Carroll and
Clinton counties, and served during the sessions of 1862 and 1868. In his
capacity as Senator Mr. McClurg distinguished himself, and honored his
constituency, by his course as a ""War Democrat." During the stormy sessions of
the Legislature, while the country was involved in the struggles of the
Rebellion, he was the firm friend and supporter of Governor Morton, in all his
war measures, and rendered invaluable service to our great war Governor, in the
mobilization of Indiana troops. He was gratefully remembered by Governor Morton
until the date of his death, and his services as a legislator will ever be a
bright spot in the memory of our brave soldiers, who knew and felt the effect of
his devoted patriotism.

  At the close of the last session of which he was a member, he returned to his
home in Frankfort, and resumed the practice of law. The Senatorial District
having been changed to Boone and Clinton counties he again became the nominee of
the Democratic party, and was defeated by only a small majority, after a gallant
race, by his opponent, Rev. T. M. Hamilton.

    He attended the National Convention at Baltimore, in 1872, and advocated the
nomination of Horace Greeley for President.

    In 1874 he received the nomination for member of Congress from this
district, and although the district was strongly Republican, he was defeated by
a very small majority, running largely ahead of his ticket.

    Mr. McClurg was truly one of the self-made men of our time, his success in
life being due solely to his own energy and ability. In the practice of law he
ranked as one of the first lawyers in] the district, being particularly noted
for his unswerving integrity and his devotedness to the cause of his clients.

    As a citizen and friend he was esteemed and beloved by all who knew him,
always lending his influence to public enterprise, and ever ready to administer
to the wants of the distressed and needy.

    During the latter part of his life he was in partnership with James V. Kent,
his firm friend and ardent admirer, and with William R. Mann.

    A true friend, a learned lawyer, an eminent cross-examiner, a logical
thinker, and an eloquent advocate, scorning wrong, but loving justice; a lover
of humanity, a helper of the needy, and the idol of his family, passed
peacefully from earth to a better clime, with the benedictions of all who knew
him, upon him.

    His death, which occurred on the 24th day of June, 1884, marks an epoch in
Clinton County.

    At the time of his death he was a candidate for judge. By the unanimous
choice of all parties he was nominated. With the full fruition of his highest
hopes almost within his grasp, only intercepted by the Death Angel calling him
away, ho departed, universally beloved. Of Clinton County's heroes the name of
Leander McClurg will stand pre-eminent, not in sanguinary strife, but in all the
efforts that in peaceful ways tend to help others.

    We rear monuments of granite to the great, but his monument is still more
lasting, for he lives in the hearts of those who knew him, and the influence of
his life will end only when human hearts cease to throb.

    FRANK F. MOORE, attorney at law, in Frankfort, was born at Trafalgar,
Indiana, January 7, 1859. He obtained his elementary education at the place of
his birth, and when he was seventeen he entered Franklin college, at Franklin,
Indiana, where he took a classical course, from which he was graduated with the
class of 1881 with the degree of A. B. In 1884 he received the postgraduate
degree of A. M. from his Alma Mater. In the year in which he left college he
commenced the study of law in the office of Messrs. Overstreet & Hunter, at
Franklin. In the fall of the year 1882, he went to Albany, New York, where ho
entered the famous law-school, and completed the course of study prescribed by
that institution, taking his credentials in 1883. He received the degree of LL.
B. in June, 1883, entered upon the regular practice of law at Franklin, Indiana,
becoming associated with Mr. G. Sexton. In July, 1884, their relation
terminated, and Mr. Moore came to Frankfort and established his business as an
attorney. He is an adherent of the Democracy in politics. His father, J. J.
Moore, a merchant of long standing at Trafalgar, is a native of Indiana, and is
descended from Irish ancestors. The latter married Miss Ermina Forsyth, also a
native of the Hoosier State, and of English extraction.

    Mr. Moore of this account was married at Franklin, Indiana, to Miss Mary
Wyeth. She is the daughter of W. N. Wyeth, D. D., a man prominent in the Baptist
church, and editor of the Journal and Messenger, published at Cincinnati, under
the auspices of the denomination to which he belongs. Mrs. Moore graduated from
the college at Franklin, with the class of 1880. The only child of Mr. and Mrs.
Moore is named Joe W. The father and mother are members of the Baptist church.

    HON. HENRY Y. MORRISON, attorney at law, was born in Adams County, Ohio,
March 15, 1826. His parents were James and Margaret (Spar) Morrison, who came to
Indiana in 1828, and set tied in Fountain County, Indiana, where they remained
seven years. In 1835 they removed to this county, settling in Warren Township.

    Many of the leading features of this sketch will be very familiar to the
present inhabitants of Clinton County; but to the future generation who will
take an interest in knowing something of those who were foremost in the
development of this beautiful county, it will be of much value, for it unfolds a
lesson of real, practical life. Inured to toil and hardship daring boyhood, Mr.
Morrison developed a robust constitution which has been an important factor
during his whole life. His early education was obtained in the subscription
schools, which only led to higher aspirations, and his leisure hours were spent
in the eager pursuit of knowledge. At the age of nineteen he began teaching
school during the winter months, and working on the farm in the summer. This
course he pursued until he was nearly thirty years of age. At the age of
twenty-two he was appointed captain in the State militia by Governor Joseph A.
Wright. At twenty-four years of age he was elected the first assessor of Warren
Township, and in this, his first public trust, he acquitted himself of its
duties with credit February 29, 1852, Mr. Morrison was married to Miss Nancy A.,
daughter of William and Penina(Denman) Campbell, who were among the first
settlers of this county. By this union were five children, four living,
viz.—James W., Margaret P., Martin A. and John 0. In 1856 Mr. Morrison was
elected to the responsible office of county treasurer, and at the close of his
first term his constituents were so well satisfied with his management that they
re-elected him, and this time he ran far ahead of his ticket. While not engaged
with the duties of his office, and after the expiration of his second terra of
office, his attention was given to the study of law, and in 1863 he entered the
law department of the Northwestern Christian University at Indianapolis, from
which institution he graduated the same year. In 1861 he was appointed school
examiner. Upon returning to Frankfort he commenced the practice of his
profession, which he has continued until the present time. The advantages
accruing to this county by her railroad facilities, are largely due to the
untiring efforts of Mr. Morrison, as well as the advancement of her
agricultural, commercial and intellectual interests. He assisted in the
organization of the Logansport, Crawfordsville & Southwestern Railroad of which
he was director, and spent his time and money liberally in securing donations,
right of way, etc He has held the office of president and vice-president of the
Frankfort & Kokomo Railroad, president of the Frankfort & State Line Railroad,
director of the Lafayette, Muncie & Bloomington, and the Chicago, Delphi &
Indianapolis Railroad companies. In 1866 he was elected to represent his county
in the State Legislature, the better elements of both parties uniting in
elevating him to the position of honor. He was the only Democrat elected, at
that time, in this county. He introduced and carried through the bill known as
the "Individual Application Law" to regulate and encourage the drainage of wet
lands, under which many hundred miles of ditching has been done in this county
alone. Of the sixty House Bills that became laws, Mr. Morrison was the author of
two. In 1872 he was chosen a member of the school board of the city of
Frankfort, and of the county educational board. Mr. Morrison has always
affiliated with the Democratic party, being fully convinced that in so doing he
was acting for the right and without prejudice. In official life his conscience
has ever been his guide, and honor, his aim; and truly can his constituency say
of him, their honored representative, "Well done." By his diligence and
perseverance he has accumulated a large property, and is ranked among the
wealthy men of the county. He is an honored member of Frankfort Lodge No. 54, A.
F. and A. M., also the Frankfort chapter, council and commandery. Mr. and Mrs.
Morrison are members of the Presbyterian church.

    JOHN CURTIS ROGERS, attorney at law, Rossville, was born in what is now
Mulberry, Madison Township, Clinton County, Indiana, the date of his birth being
December 12, 1848. His parents, Elisha C. and Hannah (McCain) Rogers, were
natives of New Jersey and South Carolina respectively, the mother being of
Scotch and Irish ancestry. The father came to Indiana in 1882, and settled on
the farm where our subject was born, which he had entered and improved. He lived
in various townships in Clinton County, remaining in this county till his death,
October 23, 1857, aged nearly fifty-seven years. He was an enterprising citizen
and was always interested in any enterprise which tended toward the improvement
of his adopted county or for the good of the public. He was a member of the
Presbyterian church. In politics he was a Democrat He had been twice married. By
his second wife, whom he married at Mulberry about 1841, he had three children—
Mrs. Mary E. Kauffman, Peter (a Union soldier who died in a rebel prison at
Alexandria, Louisiana, November 1, 1863), and John C., our subject The mother of
our subject died at Rossville, August 11, 1863, in her fifty-seventh year, she
too being a member of the Presbyterian denomination. John Curtis Bog-en, whose
name heads this sketch, received as good an education as the district schools of
his day afforded. His father dying when he was but eight years of age, he was
early thrown upon his own resources, beginning to work on farms at the early age
of twelve years. August 8, 1862, he enlisted as a private in Company K,
Seventy-second Indiana Infantry in the three-years service, but was discharged
on account of sickness December 8, 1862. He re-enlisted October 1, 1863, in
Company K., Ninth Indiana Cavalry and was discharged in June, 1865, at
Vicksburgh, Mississippi, the war being over. The most important engagements in
which he participated were Franklin, Nashville and Port Gibson. For a long time
after his discharge from the army he was troubled with his eyes, caused by his
sickness while in the service. He was variously engaged until 1873, when he was
employed in the mail service between Rossville and Adams Mills, and at the same
time privately studied law. He was admitted to the bar at Frankfort, in 1875,
and at once began the practice of his profession at Rossville which he has since
followed. Mr. Rogers was married July 14, 1879, to Barbara A. Crowfoot, a
daughter of the late Dr. George W. Crowfoot of Rossville. Two of the three
children born to this union are living—Dora Ernena Alice and Bessie May. Mary
Ruth died July 19, 1884, aged over seven months. Mrs. Rogers is a member of the
Methodist Episcopal church at Rossville. Mr. Rogers was elected justice of the
peace in the fall of 1874 for a term of four years, and was re-elected to the
same office in 1878. Politically he is a Republican. He is a member of Sedalia
Lodge, No. 508, A. F. & A. M. and of Rossville Lodge, No. 183, I. O. O. F., of
which he is past grand, and has represented his lodges in the Grand Lodges of
the State.

    HARRY CARL SHERIDAN, junior member of the law firm of Adams & Sheridan,
practicing attorneys at Frankfort, was born in Owen Township, Clinton County,
December 15, 1858. He is of mixed ancestral descent, his fathhr and mother,
David F. and Mahala, (Widener) Sheridan, being respectively of Irish and German
lineage. The former was born in Ohio and the latter in Indiana. With the
exception of a period of four years, daring which his parents resided in
Tippecanoe County, Mr. Sheridan was reared to manhood in Clinton County. He was
educated in the common schools in elementary branches, and after, finished his
educational course at the Battle Ground College at Battle Ground, Indiana. In
1879 he commenced his occupation as a school-teacher and taught for ft period of
four years in Clinton County, thereby obtaining the means to complete his
education. Meanwhile, he devoted his spare time to the study of law, which he
had fixed upon as a profession. He had given its intricacies his earnest
attention for more than a year, and in 1882 was admitted as a student to the
office of Hon. Truman H. Palmer, under whose tutorship he made rapid progress,
and in April, 1882, he was licensed to practice his profession under the
authority of his native State. The next year he was made the associate of Hon.
B. K. Higginbotham, the firm being known in business circles as Higginbotham &
Sheridan. The co-partnership was in existence until January, 1884, and for two
years following Mr. Sheridan practiced alone. March 1, 1886, Mr. Sheridan
entered into a business connection with Hon. Joshua G. Adams, the firm operating
under the style already mentioned above.

    Mr. Sheridan is a Republican in political sentiment. In May, 1884, he was
elected city clerk of Frankfort for a term of two years, and refused re-election
in May, 1886. He is a member of the Methodist church and is connected with the
Masonic order, the Knights of Pythias and the Independent Order of Red Men. He
occupies the chair of Vice-Chancellor in the Knights of Pythias. The
organizations named have local bodies at Frankfort.

    ELIJAH SPARKS, attorney at law and insurance agent, Colfax, is a native of
Clinton County, born in Perry Township, November 6, 1843, a son of Allen and
Nancy (Rogers) Sparks. He was reared on his father's farm in this township,
receiving a good education in the district schools. At the age of eighteen years
he enlisted in the late war, in Company H, Third Indiana Cavalry, to serve three
years, General Stanley commanding officer. After the capture of Chattanooga his
regiment was placed under the command of General Kilpatrick, going to Atlanta,
and from there to the sea. Mr. Sparks was captured at Fayetteville, North
Carolina, and taken to Richmond, where he was paroled a few days before that
city was taken by General Grant. He was discharged at Camp Chase, Ohio, June 9,
1865, when he returned to his farm, and followed farming pursuits during the
summers, teaching in the winter terms for four years. April 19, 1866, he was
married to Elizabeth Barker who was born in Boone County, Indiana, December 20,
1846, a daughter of Jacob and Eliza (White) Barker, both natives of North
Carolina, the father born in 1807, coming with his parents to the Territory of
Indiana in 1813, where he died in 1880. His wife died in 1872 at the age of
sixty-five years. To Mr. and Mrs. Sparks have been born four children, of whom
one is deceased—Anna J., born November 16, 1866, and died May 20, 1874. Those
living are—Nola M., born April 19, 1869; William E., born July 10, 1873, and
Alice C., born in November, 1877. Mr. Sparks was elected justice of the peace in
1876, and the same year began his legal studies, starting his present office in
Colfax in 1880 where he is meeting with good success. Mr. Sparks is a member of
the Methodist Episcopal church. In politics he casts his suffrage with the
Republican party. Mr. Spark's paternal grandparents were natives of Maryland,
and of English, Scotch and Welsh ancestry. Both lived to an advanced age, the
grandfather aged ninety-four years at the time of his death and the grandmother
aged eighty years. His maternal grandfather died in his seventy-third year, and
his maternal grandmother at the age of eighty-five years. Both were natives of
Kentucky. Allen Sparks, father of our subject, was born in Pennsylvania February
11, 1814, and when about four years old was taken by his parents to Richmond
County, Ohio, where he spent about fourteen years. He has been a resident of
Clinton County, Indiana, since 1833 and was here married to Nancy Rogers in
1842. Mrs. Allen Sparks was born in Boone County, Kentucky, in 1824, coming to
Clinton County, Indiana, with her parents in 1827, who settled in Perry
Township. Mrs. Sparks is still living in Perry Township, and is the oldest
living settler in Clinton County. The log honse where her parents first settled
is still standing, it being the oldest house in the county, and in this house
the first sermon preached in the county was delivered by a Methodist minister.

    WILLIAM A. STALEY, attorney at law, Frankfort, Indiana, is a native of Bath
County, West Virginia, and a son of James and Arabella (Engart) Staley. A short
time before the late civil war broke out his parents moved to Boone County,
Indiana, where he was reared. He attended school during the winter and as soon
as large enough worked on the farm in summer until seventeen years of age, when
he began teaching. In the spring of 1876 he came to Frankfort and commenced the
study of law with James E. Cowan. The following winter he taught school, but
kept up his studies, and in the spring of 1877 returned to Frankfort, and for a
short time was in the office of Joseph Olaybaugh. He then went into the office
of McClurg & Kent, remaining there until the fall of 1878, when he entered the
law department of Michigan University at Ann Arbor, and graduated in the spring
of 1879. He returned to Frankfort and continued his studies in the office of
McClurg & Kent until fall when he went again to Ann Arbor and took a
post-graduate course. In the spring of 1880 he was admitted to the bar and
opened an office and began the practice. In the fall of 1881 he was appointed
deputy prosecuting attorney of Clinton County, Clinton and Boone then forming
the Twenty-first Judicial Circuit, and continued to hold that position until
Clinton County became a separate circuit, when Governor Porter appointed a
prosecutor of his own political faith. In the spring of 1884 he was nominated by
the Democratic party for the office of prosecuting attorney of Clinton County
and was elected in November following, and in 1886 was nominated without
opposition for the same office.


Additional Comments:
Extracted from:

HISTORY OF CLINTON COUNTY, INDIANA,

TOGETHER WITH SKETCHES OF ITS CITIES, VILLAGES AND TOWNS, EDUCATIONAL,
RELIGIOUS, CIVIL, MILITARY, AND POLITICAL HISTORY, PORTRAITS OF PROMINENT
PERSONS, AND BIOGRAPHIES OF REPRESENTATIVE CITIZENS.

ILLUSTRATED.
CHICAGO:
INTER-STATE PUBLISHING CO.
1886.


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